Ottinger v. New York El. R.
New York Supreme Court
Action by Clara Ottinger against the New York Elevated Railroad Company and another, to enjoin defendants from maintaining and operating their elevated railway in front of plaintiff’s premises, No. 120 Pearl street, in the city of New York, and for damages sustained to the rental or usable value. The plaintiff’s property extends from Pearl street to Water street, and has a frontage and entrance on both streets.
Read the full summary
Action by Clara Ottinger against the New York Elevated Railroad Company and another, to enjoin defendants from maintaining and operating their elevated railway in front of plaintiff’s premises, No. 120 Pearl street, in the city of New York, and for damages sustained to the rental or usable value. The plaintiff’s property extends from Pearl street to Water street, and has a frontage and entrance on both streets. The basements are connected so that any person can obtain access to the Water-Street portion from the Pearl-Street side and vice versa. The defendants asked the court to find, as…
1Opinion of the CourtBarrett, J.
Judgment for the plaintiff limiting the damages and the fee value to the Pearl-Street section of the property in question, as requested in the defendants’ twenty-third finding of fact and the eighth conclusion of law. The damages to this specific section are fixed from the 24th of May, 1882, down to the time of the commencement of the alterations made in the building at $650 per annum, and from the time of the completion of the alterations to the date of the trial at $800 per annum. The free value, upon payment of which the defendants may avoid the effect of the injunction hereby granted…
2Cited by1 opinion
- Martin v. Manhattan Ry. Co.New York Supreme Court · 1892